This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu

Transcript

Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas July 14, 2005 Volume 214 TABLE OF CONTENTS I. EXECUTIVE SESSION A. REPORT ON PENDING LITIGATION 1. Flynn vs. SFASU B. LEGAL ADVICE REGARDING NEW LEGISLATION. 1. Senate Bill 34 2. Senate Bill 511 C. REAL ESTATE. D. PERSONNEL 1. Executive Director of Marketing 2. Assistant to the Board of Regents 3. Basketball Coach 4. Athletic Director 5. President 6. General Counsel 7. Director of Audit Services II. OPEN SESSION 2 05-44 APPROVAL OF MINUTES 3 05-45 ADMINISTRATION 3 A. ELECTION OF PRESIDENT 3 B. ELECTION OF GENERAL COUNSEL 3 C. ELECTION OF DIRECTOR OF AUDIT SERVICES 3 D. ELECTION OF ASSISTANT TO THE BOARD OF REGENTS 3 05-46 PERSONNEL 3 A. FACULTY APPOINTMENTS FOR 2005-2006 4 B. ATHLETIC DIRECTOR 6 C. STAFF APPOINTMENTS FOR 2005-2006 6 D. CHANGES OF STATUS FOR 2005-2006 7 E. RETIREMENTS 8 F. VOLUNTARY MODIFICATION OF EMPLOYMENT 9 G. PROMOTIONS 9 H. HOLIDAY SCHEDULE FOR 2005-2006 9 05-47 ACADEMIC AND STUDENT AFFAIRS 10 A. UNDERENROLLED CLASSES 10 B. PROPOSAL TO OFFER A BACHELOR OF ARTS DEGREE IN PHILOSOPHY 10 C. EARLY CHILDHOOD LABORATORY QUALITY IMPROVEMENTS 10 D. INTERCOLLEGIATE ATHLETIC POLICY AND PROCEDURE MANUAL 10 05-48 FINANCIAL AFFAIRS , 10 A. ADOPTION OF FISCAL YEAR 2006 BUDGET 11 B. CONCRETE CONTRACT 11 C. DIRECTORS AND OFFICERS LIABILITY INSURANCE 11 D. WRONGFUL ACTS LIABILITY INSURANCE 11 E. PROPERTY, BOILER & MACHINERY, INLAND MARINE AND GENERAL LIABILITY INSURANCE 11 F. FUEL CARDS FOR RETAIL GASOLINE PURCHASES 12 G. CABLE TELEVISION SERVICES 12 H. BUDGET CHANGES LESS THAN $50,000 12 I. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTURE)- Laboratory Analysis of Water Samples 12 J. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTURE)-COMPUTER PURCHASES 12 K. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTURE)- CHEMICAL ISOLATION EQUIPMENT 12 L. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTURE)- IN VITRO TESTING EQUIPMENT 13 M. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF forestry and agriculture)—columbia geospatial service center—computer Hardware and Software Items 13 N. INTERNET SERVICE 13 O. HARDWARE MAINTENANCE 13 P. INTERNET2 NETWORK ACCESS 13 Q. VOICE AND DATA TELECOMMUNICATIONS SERVICES 13 R. ADMINISTRATIVE SOFTWARE SYSTEMS MAINTENANCE 13 S. INTRANET SOFTWARE MAINTENANCE 14 T. DATABASE MANAGEMENT SOFTWARE MAINTENANCE 14 U. MICROSOFT OFFICE AND MICROSOFT OPERATING SYSTEMS LICENSE FEE 14 V. AUTOMOBILE INSURANCE 14 05-49 BUILDINGS AND GROUNDS 14 A. REAL ESTATE PURCHASE 14 B. MINERAL RIGHTS RIGHT-OF-WAY 15 C. ELECTRIC UTILITIES 15 D. WATER, SANITARY SEWER AND LANDFILL SERVICES 15 E. NATURAL GAS UTILITIES 15 05-50 UNIVERSITY POLICIES AND PROCEDURES 15 A. POLICY REVISIONS 15 B. BOARD RULES AND REGULATIONS 15 IX. REPORTS 16 A. FACULTY SENATE B. ENROLLMENT MANAGEMENT C. AUDIT SERVICES REPORT D. VICE PRESIDENT FOR UNIVERSITY ADVANCEMENT REPORT E. PRESIDENT'S REPORT APPENDIX SECTION Under-Enrolled Classes Summer 12005 Appendix 1 HEAF Requests for fiscal year 2005-2006 Appendix 2 Schedule of Budget Changes june 2004-september 2005 appendix 3 Policies Appendix 4 A-34 Off-Campus Credit Classes 1 A-39 Research Enhancement Program 2 A-51 Indirect Costs Distribution 5 A-64 Academic Program Review 7 B-16 Kennedy Auditorium 11 B-20 Norton HPE Complex 12 B-26 Piney Woods Conservation Center 14 B-28 Turner Auditorium 16 C-10 Delegated Purchasing Authority 25 C-17 Memberships 27 C-18 Interagency and Interlocal Contracts 28 C-40 Year-End Purchasing 30 C-42 Property Inventory and Management 32 D-4 Appearances Before the Board of Regents 39 D-16 Hazing 41 D34 Student Discipline 44 D-34.1Student Conduct Code 61 E-14A Emeritus 67 E-47.1 Sick Leave Pool 70 E-72 Faculty Code of Conduct 75 F-l 1 Express Mail Services 77 F-13 Faculty/Staff ID Cards 78 F-16 Accessibility for Persons with Disabilities 79 F-27 Student ID Cards 81 BOARD RULES AND REGULATIONS APPENDIX 5 Minutes of the Regular Meeting of the Board of Regents of Stephen F. Austin State University Nacogdoches, TX Austin Building, Room 307 July 14,2005 The Meeting of the Board of Regents was called to order at 9:00 a.m., Thursday, July 14, 2005 by Chairman Fred Wulf. No executive session was held. PRESENT: Board Members: Dr. Margarita de la Garza Grahm Valerie Ertz Joe Max Green Paul Pond Mike Wilhite Fred Wulf President: Dr.Tito Guerrero Vice-Presidents: Dr. Mary Cullinan Dr. Jerry Holbert Dr. Baker Pattillo General Counsel: Yvette Clark SFA administrators, staff, and visitors ABSENT: Vice President: Dr. Roland Smith President Guerrero introduced Provost and Vice President Cullinan, who introduced Dr. Scott Beasley, Dean of the Arthur Temple College of Forestry and Agriculture. Dr. Beasley brought with him Dr. David Kulhavy and Dr. David Creech, who each reported on collaborations with colleagues during their recent trip to China and joint ventures that may result. Dr. Holbert presented recent film clips of news coverage in the Austin area featuring the response by SFA's Forest Research Institute and the HUES GIS Lab during the recovery efforts in the Columbia disaster. Amber Lara, President of the Student Government Association, brought a report concerning the Watermelon Bash and SGA plans for the fall semester. APPROVAL OF MINUTES 05-44 Upon motion of Regent Green, seconded by Regent de la Garza-Grahm, with all members voting aye, it was ordered that: The minutes of the April 27 & 28, 2005, May 13, 2005 and June 8, 2005 meetings be approved. ADMINISTRATION 05-45 Upon motion of Regent Ertz, seconded by Regent de la Garza-Grahm, with all members voting aye, it was ordered that: The following items be approved: A. ELECTION OF PRESIDENT Dr. Tito Guerrero be re-appointed President with a salary of $236,900 effective September 1, 2005. It is also recommended that his deferred compensation annuity be immediately funded for this year at an annual rate of $10,000 to vest in accordance with the plan. B. ELECTION OF GENERAL COUNSEL Yvette Clark be re-appointed General Counsel with a salary of $115,360 effective September 1,2005. C. ELECTION OF DIRECTOR OF AUDIT SERVICES Gina Oglesbee be re-appointed Director of Audit Services with a salary of $70,040 effective September 1, 2005. D. ELECTION OF ASSISTANT TO THE BOARD OF REGENTS Judy Buckingham be appointed Assistant to the Board of Regents with a salary of $32,500 effective July 15, 2005. PERSONNEL 05-46 Upon motion of Regent Green seconded by Regent Pond, with all members voting aye, it was ordered that: The following personnel items be approved: A. FACULTY APPOINTMENTS FOR 2005 - 2006 1. Applied Arts and Science a) Mr. Georgen Guerrero, Assistant Professor of Criminal Justice, M.S. (Texas State University), at a salary of $45,000 for 100 percent time for nine months, effective August 23, 2005, contingent upon completion of doctorate by August 31, 2005. 2. Education a) Ms. Holly Abel Assistant Professor of Human Services, M. A. (University of Central Oklahoma), at a salary of $47,500 for 100 percent time for nine months, effective August 23, 2005, contingent upon completion of doctorate by August 31, 2005. b) Dr. Deborah J. Buswell, Assistant Professor of Kinesiology & Health Science, Ph.D. (Texas Woman's University), at a salary of $48,500 for 100 percent time for nine months, effective August 23, 2005. c) Ms. Chay Runnels, Lecturer of Human Sciences, M.A. (University of Texas), at a salary of $45,000 for 100 percent time for nine months, effective August 23, 2005, contingent upon completion of doctorate by Fall 2009. d) Dr. Kimberly Welsh, Assistant Professor of Elementary Education, Ed.D. (Texas A&M University-Commerce), at a salary of $47,000 for 100 percent time for nine months, effective August 23, 2005. 3. Fine Arts a) Ms. Carolyn S. Conn, Assistant Professor of Theatre, M.F.A. (Indiana University), at a salary of $40,000 for 100 percent time for nine months, effective August 23, 2005, for nine months. b) Ms. Maki Hajikano, Assistant Professor of Art, M.F.A. (University of Oregon), at a salary of $42,000 for 100 percent time for nine months, effective August 23, 2005. c) Mr. Kyle D. Kennedy, Assistant Professor of Theatre, M.F.A. (University of Texas at Austin), at a salary of $42,000 for 100 percent time for nine months, effective August 23, 2005. d) Mr. David Ngirailemesang, Visiting Assistant Professor of Art, M.F.A. (University of Washington, Seattle), at a salary of $36,000 for 100 percent time for nine months, effective August 23, 2005. e) Ms. Natalva Pinchuk, Assistant Professor of Art, M.F.A., (University of Illinois, Urbana-Champaign), at a salary of $42,000 for 100 percent time for nine months, effective August 23, 2005. 4. Forestry and Agriculture a) Ms. Erin G. Brown, Assistant Professor of Agriculture, M.S. (Michigan State University) at a salary of $45,000 for 100 percent time for nine months, effective August 23, 2005, contingent upon completion of doctorate by December 31, 2005. 5. Liberal Arts a) Mr. Baresh Ali, Assistant Professor of English, M.A. (SUNY-Buffalo), at a salary of $38,000 for 100 percent time for nine months, effective August 23, 2005, contingent upon completion of doctorate by May 31, 2006. b) Dr. William Forbes, Visiting Assistant Professor of Geography, Ph.D. (University of North Texas), at a salary of $37,500 for 100 percent time for nine months, effective August 23, 2005. c) Dr. Christos Frentzos, Visiting Assistant Professor of History, Ph.D. (University of Houston), at a salary of $37,500 for 100 percent time for nine months, effective August 23, 2005. d) Dr. Steven Eric Galatas, Assistant Professor of Political Science, Ph.D. (University of Missouri), at a salary of $39,000 for 100 percent time for nine months, effective August 23, 2005. e) Dr. Dwight Walker, Visiting Assistant Professor of Psychology, Ph.D. (Kansas State University), at a salary of $37,500 for 100 percent time for nine months, effective August 23, 2005 f) Dr. Kevin R. West, Assistant Professor of English, Ph.D. (Indiana University), at a salary of $3,000 for 50 percent time effective July 7, 2005, for Summer II session and $38,000 for 100 percent time for nine months, effective August 23, 2005. 6. Science and Mathematics a) Dr. Sara Elizabeth Bishop, Assistant Professor of Nursing, Ph.D. (Texas Womens' University), at a salary of $58,000 for 100 percent time for nine months, effective August 23, 2005. b) Ms. Christine J. Harper, Clinical Instructor of Nursing, M.S.N. (Texas Womens' University), at a salary of $57,000 for 100 percent time for nine months, effective August 23, 2005. c) Dr. Saad Hassan, Assistant Professor of Biology, Ph.D. (University of North Texas), at a salary of $41,000 for 100 percent time for nine months, effective August 23, 2005. d) Ms. Regina Low, Clinical Instructor of Nursing, M.S.N. (University of Phoenix), at salary of $54,000 for 100 percent time for nine months, effective August 23, 2005. e) Ms. Susan M. McDonald, Clinical Instructor of Nursing, M.S.N. (Pace University), at a salary of $54,000 for 100 percent time for nine months, effective August 23, 2005. f) Ms. Sara Whitelaw, Clinical Instructor of Nursing, M.S.N. (University of Texas at Austin), at a salary of $54,000 for 100 percent time for nine months, effective August 23, 2005. B. ATHLETIC DIRECTOR Robert Hill, Athletic Director at a salary of $90,000 effective September 1,2005. C. STAFF APPOINTMENTS FOR 2005 - 2006 1. Admissions a) Dai a L. Pope, Admissions Counselor at a salary of $24,000 for 100% time effective April 18, 2005 for 12 months 2. Athletics a) Tara Schuling, Assistant Soccer Coach at a salary of $25,420 for 100% time effective April 18, 2005 for lO1^ months. 3. Library a) Mercy T. Cannon, Assistant Director at a salary of $42,480 for 100% time effective June 1, 2005 for 12 months. b) Ms. Casandra Stonebraker, Academic Assistance and Resource Center (AARC) Mathematics Program Director at a salary of $40,000 for 100 percent time for twelve months, effective July 11, 2005. 4. Office of International Studies and Programs a) Dr. Daniel P. Norton, Director and Adjunct Assistant Professor of English at a salary of $66,000 for 100 percent time for twelve months, effective August 15 2005. 5. Student Affairs a) Mr. Jeffrey Huskey, Director of the Campus Recreation Center, at a salary of $66,000 for 100% time for 12 months, effective July 11, 2005. D. CHANGES OF STATUS FOR 2005 - 2006 1. Admissions a) Ms. Daphne L. Curl, from Administrative Assistant at a salary of $22,972 for 100 percent time for 12 months to Admissions Counselor at a salary of $24,000 for 100 percent time for twelve months, effective April 4, 2005. 2. Agriculture a) Mr. Robert B. Rogers, from Graduate Assistant at a salary of $4,500 per semester to Supervisor (Interim) at a salary of $2,944 for 100 percent time for one month, effective May 16, 2005. 3. Applied Arts and Science and Liberal Arts a) Dr. James O. Standley from Dean of Applied Arts and Sciences at a salary of $117,861 for 100 percent for 12 months to Dean of Applied Arts and Sciences and Liberal Arts at a salary of $117,861 for 100 percent time for twelve months, effective July 31, 2005. 4. Education a) Dr. Melanie Jephson from Associate Dean of Education at a salary of $100,000 for 100 percent time for twelve months to Professor of Human Services at a salary of $65,000 for 100 percent time for nine months, effective September 1, 2005. b) Dr. John Leonard from Associate Professor of Secondary Education at a salary of $51,001 for 100 percent time for nine months to Associate Professor of Secondary Education and Interim Associate Dean of Education at a salary of $51,001 for 100 percent time for nine months, plus a $6,000 salary supplement and an additional salary supplement $3,000 for 50 percent time for the additional three months as Interim Associate Dean, effective September 2005. c) Dr. Lisa Mize from Associate Professor of Human Sciences at a salary of $45,000 for 100 percent time for nine months to Associate Professor of Human Sciences and Interim Associate Dean of Education at a salary of $45,000 for 100 percent time for nine months, plus a $6,000 salary supplement and an additional salary supplement $3,000 for 50 percent time for the additional three months as Interim Associate Dean, effective September 2005. 5. Housing a) Ms. Jill J. Heard, from Interim Manager at a salary of $28,509 for 100% time for 12 months to Manager at a salary of $35,000 for 100% time for 12 months, effective April 14, 2005. 6. Science and Mathematics a) Dr. Russell LaRell Nielson, from Interim Chair of Geology at a salary of $71,957 for 100 percent time for eleven months to Chair of Geology at a salary of $76,000 for 100 percent time for eleven months, effective August 23, 2005. E. RETIREMENTS 1. Criminal Justice a) Dr. Martha J. Sullivan, Associate Professor, effective December 31, 2005. 2. Health Services a) Ms. Gail E. Risinger, Licensed Vocational Nurse, effective May 31, 2005. 3. Human Sciences a) Dr. Mary K. Weems, Professor, effective July 31, 2005. 4. Mathematics and Statistics a) Ms. Ellen T. Wood, Lecturer, effective May 31, 2005. F. VOLUNTARY MODIFICATION OF EMPLOYMENT 1. Mathematics and Statistics a) Dr. Thomas A. Atchison, at a salary of $37,400 for 100 percent time, effective August 29, 2005. PROMOTIONS 1. Dr. Mark S. Guidry, English and Philosophy, promoted to the rank of Associate Professor, effective fall semester, 2005. 2. Ms. Ann Ellis, Library, not be promoted to Librarian III, as erroneously reported in the April, 2005 Board of Regents meeting agenda. H. HOLIDAY SCHEDULE FOR 2005-2006 Sept. 5 Labor Day Nov. 24 Thanksgiving Day Nov. 25 Day after Thanksgiving Dec. 26 Day after Christmas Dec. 27 (substitute for Veterans' Day) Dec. 28 (substitute for MLK Day) Dec. 29 (substitute for Confederate Heroes' Day) Dec. 30 Employees take vacation or comp time March 13 Spring Break (substitute for Texas Independence Day) March 14 Spring Break (substitute for San Jacinto Day) March 15 Spring Break (substitute for Emancipation Day) March 16 Spring Break (substitute for Presidents' Day) March 17 Spring Break - employees take vacation or comp time May 29 Memorial Day July 4 Independence Day ACADEMIC AND STUDENT AFFAIRS 05-47 Upon motion of Regent de la Garza-Grahm, seconded by Regent Wilhite, with all members voting aye, it was ordered that: The following Academic and Student Affairs items be approved: A. UNDERENROLLED CLASSES The Summer 12005 under-enrolled class list be approved. The list is attached in Appendix 1. B. PROPOSAL TO OFFER A BACHELOR OF ARTS DEGREE IN PHILOSOPHY Approval to offer a Bachelor of Arts Degree with a major in Philosophy be granted. C. EARLY CHILDHOOD LABORATORY QUALITY IMPROVEMENTS Approval be given to solicit bids and secure contracts for the playground renovations and educational materials. The total amount spent will not exceed the amount awarded from Work Force Solutions. The President shall be authorized to sign all contracts contingent upon receipt of funding. D. INTERCOLLEGIATE ATHLETIC POLICY AND PROCEDURE MANUAL The revisions to the Athletic Policy and Procedure Manual be approved as presented. FINANCIAL AFFAIRS 05-48 Upon motion of Regent Ertz, seconded by Regent de la Garza-Grahm, with all members voting aye, it was ordered that: The following Financial Affairs Items be approved: 10 A. ADOPTION OF FISCAL YEAR 2006 BUDGET In accordance with Article III of the Appropriation Bill for the 2006-07 biennium, the recommended operating budget totaling $150,014,879 for the 2005-06 fiscal year be adopted. The 2005-06 proposed budget includes a $12 per semester credit hour increase in Designated Tuition, a 16% increase in residence hall rates, and a 3% increase in meal plan rates. Also contained in the proposed 2005-06 budget is a 3% salary pool for employee raises. The detailed HEAF allocation is included in Appendix No. 2 B. CONCRETE CONTRACT A new solicitation be issued and a contract awarded for a blanket contract for minor improvements of $25,000 or less involving concrete site repair, concrete new construction and other associated minor alterations. The contract will be established for one year, with one annual renewal, subject to administrative approval. The President will be authorized to sign the contract. C. DIRECTORS AND OFFICERS LIABILITY INSURANCE Approval be given to continue with the RFP process and proposal evaluation while simultaneous obtaining from SORM renewal pricing and coverage for D&O insurance to be effective September 1, 2005. A comparison of pricing and coverage made and decision made based on which represents the best value to SFA. If necessary, an exception will be requested from SORM; however, SORM retains ultimate authority to deny such exception requests. If such exception is sought and received, the University's insurance will include options for two additional one year renewals subject to administrative approval. The President is authorized to sign the contract. D. WRONGFUL ACTS LIABILITY INSURANCE Approval be given to continue working with USI Insurance Services of Texas to analyze pricing for wrongful acts/sexual abuse coverage through Lexington to be effective 9/1/05. The State Office of Risk Management has been asked to review a specimen policy and provide input as well. The President is authorized to sign the contract. E. PROPERTY, BOILER & MACHINERY, INLAND MARINE AND GENERAL LIABILITY INSURANCE Approval be given to contract for a second year of insurance with Travelers through USI Insurance Services of Texas covering property, boiler & machinery, 11 inland marine and general liability at a cost to be negotiated by administration. The President is authorized to sign the contract. F. FUEL CARDS FOR RETAIL GASOLINE PURCHASES Approval be given to continue using the CCG contract issue a purchase order for the payment of FY06 fuel card expenditures under the CCG contract. The President is authorized to sign the purchase order. G. CABLE TELEVISION SERVICES Approval be given to enter into negotiations with Cox Communications as a sole source provider of cable television services in Nacogdoches for a five-year contract at a cost not to exceed $200,000 during the first year of the contract. Should negotiations break down, it is recommended that the University enter into a one-year agreement with Cox Communications at a rate not to exceed $9.50 per drop plus FCC and franchise fees, at which point the University will pursue issuing a solicitation for satellite or other options for Fiscal Year 2007. The President is authorized to sign the contract. H. BUDGET CHANGES LESS THAN $50,000 Items are included as Appendix 3. I. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTURE)- Laboratory Analysis of Water Samples The Board of Regents authorize the President to approve the purchase of stream water analysis at a cost of $53,300. J. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTUREVComputer Purchases The Board of Regents authorize the President to approve the purchase of computer equipment at a cost of $75,000. K. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTURE)- Chemical Isolation Equipment The Board of Regents authorize the President to approve the purchase of equipment for Center for Medicinal Plant Research, at a cost of $123,000. 12 L. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY & AGRICULTURE)- In Vitro Testing Equipment The Board of Regents authorize the President to approve the purchase of equipment for anti-tumor studies at a cost of $62,000. M. APPROVAL FOR PURCHASES OVER $50,000 (ARTHUR TEMPLE COLLEGE OF FORESTRY AND AGRICULTURE)—Columbia Geospatial Service Center- Computer Hardware and Software Items The Board of Regents authorize the President to approve the purchase of computer servers and storage, workstations, software and licenses at a total cost of $334,544 for the Columbia Geospatial Service Center. N. INTERNET SERVICE The Board of Regents approve an ongoing monthly expenditure expected not to exceed $10,783 (i.e. $129,396 annually) in FY06 for Verio Internet services. Source of funds will be O&M. O. HARDWARE MAINTENANCE The Board of Regents approve an ongoing annual expenditure expected not to exceed $100,000 in FY06 for HP hardware maintenance. Source of funds will be O&M. P. INTERNET2 NETWORK ACCESS The Board of Regents approve an ongoing annual expenditure expected not to exceed $50,000 in FY06 for Internet2 connectivity through the Southeast Texas Gigapop. Source of funds will be O&M. Q. VOICE AND DATA TELECOMMUNICATIONS SERVICES The Board of Regents approve ongoing monthly expenditures expected not to exceed an annual total of $375,000 in FY06 for SBC voice and data services. Source of funds will be O&M. R. ADMINISTRATIVE SOFTWARE SYSTEMS MAINTENANCE The Board of Regents approve an ongoing annual expenditure expected not to exceed $237,000 in FY06 for SCT software maintenance of SFA's administrative software systems, as invoiced by Texas A&M - Corpus Christi. Source of funds will be O&M. 13 S. INTRANET SOFTWARE MAINTENANCE The Board of Regents approve an ongoing annual expenditure expected not to exceed $58,080 in FY06 for SCT software maintenance of the Campus Pipeline intranet portal product. Source of funds will be O&M. T. DATABASE MANAGEMENT SOFTWARE MAINTENANCE The Board of Regents approve an ongoing annual expenditure not to exceed $129,921 in FY06 for Oracle software maintenance. Source of funds will be O&M. U. MICROSOFT OFFICE AND MICROSOFT OPERATING SYSTEMS LICENSE FEE The Board of Regents approve the annual license renewal for Microsoft Office Suite and Operating System upgrades, expected not to exceed $55,000 in FY06. Source of funds will be HEAF. Recommendations for financial items concerning auto insurance and third party payment processing were withdrawn by the administration. They will be brought to a future board meeting. At the January 18, 2006 board meeting, the following correction was made to the July 14, 2005 minutes (Order 06-13): The minutes of the July 14, 2005, board meeting should be corrected to add the following Financial Affairs item to Board Order 05-48: V. Automobile Insurance Approval was given to secure Auto Insurance through the SORMprogram for Fiscal Year 2006. The President was authorized to sign all contracts. BUILDINGS AND GROUNDS 05-49 Upon motion of Regent Pond, seconded by Regent Wilhite, with all members voting aye, it was ordered that: The following Buildings and Grounds Items be approved: A. REAL ESTATE PURCHASE The President be authorized to sign all necessary closing documents for the purchase of 125 Feazell and 115 Feazell, or that the Director of Physical Plant be authorized to sign in his absence, at a cost not to exceed $95,000 for the purchase 14 of 125 Feazell and $125,000 for 115 Feazell, plus all closing costs to be paid by the purchaser and tenant moving expenses of $500 each. B. MINERAL RIGHTS RIGHT-OF-WAY The President be authorized to sign all necessary right-of-way and surface damage agreements relating to the Chesapeake Energy Marketing, Inc. oil and gas exploration at the Walter C. Todd Agricultural Research Center. The University is not the mineral rights owner on this property. C. ELECTRIC UTILITIES The university be authorized to purchase electricity from the Deep East Texas Electric Coop to service the Todd Agricultural Research Center and the Temple- Eastex Forestry Laboratory and that the contract be extended from year to year at the option of the University as needed. D. WATER, SANITARY SEWER AND LANDFILL SERVICES The university be authorized to purchase water, sanitary sewer and landfill service from the City of Nacogdoches for FY06 and that the university be authorized to extend this contract as required. E. NATURAL GAS UTILITIES The university be authorized to extend its negotiated contract for gas with Center Point Energy and that the university be authorized to seek a competitive price for natural gas and enter into an annual or long term contract if advantageous to the university. Current estimated gas cost for Fiscal Year 2005 is $1,675,000. The estimated cost for Fiscal Year 2006 is $1,845,000. UNIVERSITY POLICIES AND PROCEDURES 05-50 Upon motion of Regent Wilhite, seconded by Regent Ertz, with all members voting aye, it was ordered that: The policy revisions and the updated Board Rules and Regulations shown respectively in Appendix No. 4 and Appendix No.5 be approved. 15 REPORTS A. FACULTY SENATE B. ENROLLMENT MANAGEMENT C. AUDIT SERVICES REPORT D. VICE PRESIDENT FOR UNIVERSITY ADVANCEMENT E. PRESIDENT Future board meetings were scheduled for October 20 and 21,2005; January 18 & 19, 2006; April 12 & 13, 2005; and July 12 & 13, 2006. Upon motion of Regent Green, seconded by Regent Wilhite, with all members voting aye, the meeting was adjourned by Chairman Wulf at 10:45 p.m. 16 APPENDIX SECTION Appendix No. 1 Under-Enrolled Classes Summer 12005 DEFINITION OF UNDER-ENROLLED UNDERGRADUATE CLASS: ANY ORGANIZED CLASS WITH LESS THAN TEN STUDENTS UNLESS THE CLASS IS CROSS-LISTED WITH ANOTHER ORGANIZED CLASS AND THE COMBINED CLASSES EQUAL TEN OR MORE DEFINITION OF UNDER-ENROLLED GRADUATE CLASS: ANY ORGANIZED CLASS WITH LESS THAN FTVE STUDENTS UNLESS THE CLASS IS CROSS-LISTED WITH ANOTHER ORGANIZED CLASS AND THE COMBINED CLASSES EQUAL FIVE OR MORE DEPT. COURSE SECTION CJS414 020 CSC441001 HMS 440 201 HMS540 001 RHB220 001 RHB220 701 SPH 476 020 SED 460 001 MHL452 001 MTC526 501 AGR300 001 HRT239 001 HRT239L001 HRT417 001 HRT417L020 FOR 351 001 FOR 464 007 FOR 564 015 ILA 501 070 BIO 408 001 BIO 430 001 BIO 435 001 BIO 437 001 BIO 561 001 BIO 571 001 BTC562 451 NUMBER CREDIT FUNDED ENROLLED HOUR HOURS DAYS / TIME / BUILDING / ROOM / INSTRUCTION TYPE 9 3 27 W 0400PM 0630PM F 179 LEC 9 3 27 MWF 1000AM 1050AM BU 343 LEC 1 3 3 WEB TBA LEC 1 3 3 TR 0800AM 0915AM HMS 102 LEC 8 3 24 MWF 1100AM 1150AM HSTC 306 LEC 1 3 3 MWF 1100AM 1150AM HSTC 306 LEC 8 3 24 R 0430PM 0700PM HSTC 320 LEC 6 3 18 MW 0930AM 1045AM SEM 9 3 27 TR 1100AM 1215PM M 125 LEC 3 2 6 WEB TBA LEC 1 3 3 8 2 16 MW 0900AM 0950AM AG 118 LEC 8 1 8 W 0100PM 0250PM AG 118 LAB 5 2 10 T 1230PM 0220PM AG 118 LEC 5 1 5 T 0230PM 0400PM AG 118 LAB 9 3 27 W 0645PM 0915PM FO 221 LEC 9 3 27 M 0645PM 0915PM FO 221 LEC 4 3 12 MWF 0900AM 0950AM FO 205 LEC 1 3 3 TBA SEM 6 4 24 MWF 1100AM 1150AM S 228 LEC 4 3 12 TR 0930AM 1020AM S 211 LEC 9 3 27 MW 1100AM 1150AM S 117 LEC 7 4 28 TR 1100AM 1215PM S 137 LEC 3 3 9 MW 1000AM 1050AM S 132 LEC 4 3 12 T 0645PM 0915PM S 132 LEC 4 1 4 F 0900AM 0500PM OFFCP TYLER LEC Appendix No. 1 TOTAL 712 HOURS GENERAT ED IN SHORT CLASSES **SHORT 0.55% CLASSES AS A % OF TOTAL HOURS ♦ESTIMATED TOTAL HOURS ** 128,894 SPRING'05 ♦ESTIMATE FROM OFFICE OF INSTITUTIONAL RESEARCH M = Monday T = Tuesday W = Wednesday R = Thursday F = Friday S = Saturday U = Sunday Appendix No. 2 Stephen F. Austin State University HEAF Requests Fiscal Year 2005-06 Department Item/Project Amount Fiscal Year 2005-06 HEAF Appropriation Debt Service Instr Capital College of Applied Arts and Sciences Instr Capital College of Business Instr Capital College of Education Instr Capital College of Fine Arts Instr Capital College of Forestry Instr Capital College of Liberal Arts Instr Capital College of Sciences and Mathematics Provost Enrollment Services Graduate Office library/Imaging Information Technology Services Information Technology Services Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Contingency Controller's Office Controller's Office Controller's Office Purchasing Financial Aid Environmental Health, Safety, & Risk Management Environmental Health, Safety, & Risk Management Financial Services Counseling & Career Services Appendix No. 2 Counseling & Career Services Counseling & Career Services Counseling & Career Services Disability Services Disability Services Disability Services Judicial Office Student Affairs University Police Department University Police Department University Police Department Sixteen Carrels and Furniture for Testing Lab Ten Computers Remodeling of Career Services Library Updated Assistive Technology Software Student Assistive Equipment for Campus Use Small Ramp for Low Riser Stage for Campus Events Four G5 Macintosh Computers and Software Data Back-up Hardware Upgrade Police Radio/Communication Equipment Police Vehicle Police Vehicle Equipment $ $ $ $ $ $ $ $ 12,800 12,825 5,000 5,769 10,400 1,500 14,000 3,100 $ 119,241 $ 25,000 $ 12,000 Total $4,683,847 Stephen F. Austin State University Schedule of Budget Changes September 30, 2004 to June 25, 2005 Appendix No. 3 ACCOUNT NAME II Girl Cheer Discretionary merican Heart Assoc AH EC Co-Ed Cheerleader Discretionary "hildrens1 Performing Arts Series WAGG 2004 All Girl Cheer Discretionary no-Ed Cheerleader Discretionary om Squad Discretionary neldhouse Additions All Girl Cheer Discretionary ne Arts Series . HA President Fine Arts Series ISP Foreign Travel HA RA Council Equine Studies ""ine Arts Series riends of the Arts - Art Art Gallery Agriculture Heifer Test griculture Judging American Heart Assoc AHEC ECH Supply Fee ertified Public Manager Prog lusic Prep Agriculture Heifer Test quine Studies arly Childhood Lab Beef Farm Deef Farm oil Testing Lab Road Bus IDT Road Bus IDT TOTAL Policies for Board Review July 14,2005 Appendix No.4 Appendix No.4 Appendix No.4 Appendix No.4 Appendix No.4 Off-Campus Credit Classes A-34 Original Implementation: September 8, 1978 Last Revision: October 23, 2001 April July 14. 2005 Final rwft The University recognizes off-campus credit classes as an important responsibility to the citizens of Texas. As part of this responsibility, the University offers off-campus courses designed to meet educational needs of its clientele. General policies for off-campus classes: a. All off-campus classes must be approved by the Coordinating Board and meet its guidelines for the conduct of such classes. The responsibility for submitting a proposed class rests with the dean of the college offering the class in collaboration with the Distance Education Coordinator in the Office of Instructional Technology. b. Each department chair, director, and academic dean of a college proposing to offer an off-campus class has the responsibility, in conjunction with the appropriate department chair/division director, of informing the Distance Education Coordinator by the approved methods and deadlines for course requests, of the intention to offer the class so that peer institutions may be notified according to Coordinating Board rules. Deans and department chairs/division directors also have the responsibility of fe^ scheduling the class, reserving space at reasonable cost, and managing the budget related to that class. Each class must have at least ten (10) students c. A department offering an off-campus class is responsible for the instructional aspects of the class including staff, content, materials and evaluation as well as for student advising, registration, and degree plans. Because off-campus instruction makes demands on faculty time and energy beyond that required for on-campus instruction, additional compensation is appropriate. The responsibility for establishing the schedule of compensation rests with the Provost and Vice President for Academic Affairs. Source of Authority: Texas Education Code, Title m, sub-Title A, Chapter 61, Subchapter C, Sec. 61.051; and Provost and Vice President for Academic Affairs Cross Reference: Faculty Handbook Contact for Revision: Provost and Vice President for Academic Affairs Forms: None Appendix No.4 Research Enhancement Program A-39 Original Implementation: September, 1965 Final-Draft Last Revision: April 30, 2001 July 14, 2005 Research Enhancement funds provided by the State of Texas are the basis of the support for the faculty research enhancement program. The funds are intended to encourage and enhance research opportunities for faculty members and serve as "support for innovative research and seed monies to attract non state external financial support."[1987 Report of the Select Committee on Higher Education.] The Research Enhancement Program at Stephen F. Austin State University is composed consists of two components: the Faculty Research Grants Program and the Minigrants Program. The Faculty Research Grants Program provides substantive support for research and scholarly creative activities. Minigrants provide an opportunity for faculty to carry out small projects or preliminary research activities which will increase their competitiveness in the acquisition of Faculty Research Grants or external funds. Any fall-time faculty member including any professional librarian is eligible to apply for a faculty research grant, subject to the following conditions: 1. A faculty research grant will not be awarded for the purpose of obtaining an advanced academic degree. 2. The recipient of a faculty research grant in a given year is ineligible for a grant the following year, except that, in the first year of a fiscal biennium, a project may be funded for two years under extraordinary circumstances. 3. Except in extraordinary circumstances, an applicant is limited to one faculty research grant award or one minigrant award proposal in a single year. 4. Faculty research grant funds may not be used for research activities or equipment funded by another research grant. This does not preclude the use of these funds for purposes of matching. 5. Those researchers who have access to research funds from other sources are encouraged to exhaust all alternative funding pathways prior to applying for a faculty research grant. 6. In the expenditure of faculty research grant appropriations, a recipient is subject to all local, state, and federal fiscal regulations. 7. A recipient is subject to all local, state, and federal affirmative action Appendix No.4 regulations. &.Z_ Any research proposal that would involve the use of human subjects, laboratory animals, or hazardous materials must be accompanied by a memorandum of approval from the chair of the appropriate University committee. These committees are: Institutional Review Board for the Protection of Human Subjects, Institutional Animal Care and Use Committee, Environmental Safety and Health/Radiation Committee, Biosafety Committee, and Public Health Committee. 9_urchase af-a consumable item, service, or capital equipment should follow the year-end rules according to the good or service for which the option is exercised. Each spring, the Purchasing Department notifies University departments of annual deadlines to allow compliance with state deadlines and to allow adequate order processing time for current year orders. Once a deadline has passed, orders received after that date will be processed against the new fiscal year unless one of the above year-end rules applies. Requisitions received prior to a deadline date will be processed on current fiscal year funds unless properly identified as a next fiscal year requisition following the instructions provided through the Purchasing List-serv. Source of Authority: 34 TAC, Part 1, Chapter 5, Subchapter E, Rule 5.56; President; Vice President for Business Affairs Cross Reference: None Contact For Revision: Director of Purchasing and Inventory Forms: None 31 Appendix No.4 Property Inventory and Management C-42 Original Implementation: September 28, 1996 Last Revision: FebmxHy4h hQ4, 20054 Centralized property management and control is performed by the Purchasing and Inventory Department. The Director of Purchasing and Inventory and the Property Managers are responsible for the overall management of University equipment, maintenance and control of centralized inventory records, and disposition of surplus, salvage and scrap. (See Property Transfer and Disposal Policy B-24). Property acquired under Federal or State grants and contracts is inventoried and maintained according to the same guidelines of the University's centralized property management and control described herein. In accordance with Texas Government Code Ann. Sec. 403.271(a) through 403.278, Stephen F. Austin State University will comply with the State Property Accounting Policies and practitioner's standards as outlined in the State Property Accounting Policy and Procedures Manual. Stephen F. Austin State University shall be certified as an internal agency. PROPERTY DEFINITIONS Items are added to the SPA centralized inventory records at the time of acquisition and are carried in the system at original cost value until disposed of through surplus. The Property Manager is responsible for assignment and control of inventory numbers. Inventory control tags are normally applied by Central Receiving prior to delivery or by property office representatives after delivery. As outlined in the State Property Accounting (SPA) Policy and Procedure Manual, property will be added to centralized inventory records as follows: Capitalized Equipment All equipment with a useful life of greater than one year and a value of $5000 or more Controlled Equipment All equipment with a useful life of greater than one year and a value greater than $500 in the following commodity groups: fax machines, telecopiers (deleted effective 9/1/05) stereo systems cameras TV, VCR DVD player, camcorder, any combination of these units ^^microcomputers, servers and laptops printers data projectors (added effective 9/1/05) 32 Appendix No.4 All equipment with a useful life of greater than one year and any value in the following commodity groups: firearms of any type University Controlled Equipment The Property Manager has determined that the following items will be added to centralized inventory records with a useful life of greater than one year and at any value: microcomputers, servers*~aHtl laptopsjm^handfagld computers monitors printers scanners digital cameras-#B:etatfag-^ palm pilots PDAs additional item(s) that the department head feels may be subject to a high risk of theft (requires Property Manager approval) PROPERTY RESPONSIBILITY Property responsibility is delegated by the President of the University through the Director of Purchasing and Inventory to two Property Managers. The chair or administrative head of a department is designated as the "Property Manager" for the department. The department head may not delegate this responsibility. However, individual custodians of property will be held responsible for the proper maintenance and safekeeping of property entrusted to them. All University employees will be provided a written document for acknowledgement that he/she will from time to time be entrusted with the proper maintenance and safekeeping of State and University property. The Property Liability Acknowledgement Form (see Policy B-34 Property Liability) will also declare the employee's understanding that he/she will be held pecuniarily responsible for any property determined to be missing or stolen due to employee negligence. PROPERTY RESPONSIBILITY WITH CHANGE IN DEPARTMENT HEAD Out-Going Department Head When there is an administrative change in department heads, the out-going department head (interim or permanent) must request from the Property Manager a current list of inventory items for which he/she is accountable. Verification of all items must be completed and the Change in Department Head form signed by the out-going department head within 30 days prior to the individual's last day. Verification of property includes documenting that all items are accounted for and in good condition. Any property that is not accounted for will be investigated to determine if it is missing or stolen due to employee negligence. If negligence is determined, a written demand for reimbursement from the person(s) responsible for the loss will be issued by the State Attorney General's Office. 33 Appendix No.4 In-Coming Department Head The incoming department head (interim or permanent) must request from the Property Manager a current list of inventory items for which he/she will be accountable. Verification of all items must be completed and the Change In Department Head form signed by the incoming department head within 30 days of the individual's first day. Verification of property includes documenting that all items are accounted for and in good condition. Any property that is not accounted for will be investigated to determine if it is missing or stolen due to employee negligence. If negligence is determined, a written demand for reimbursement from the person(s) responsible for the loss will be issued by the State Attorney General's Office. PROPERTY MAINTENANCE AND VALIDATION Each department head is to exercise care and control over the assets for which he/she is responsible. Property should be monitored on a perpetual basis. Location changes are to be reported to the Property Manager as they take place. Transfers to surplus or other departments must have prior approval of the Property Manager. (See Property Transfer and Disposal Policy B-24) Missing or Stolen Property must be reported immediately. Annual Physical Inventory Audit To validate the accuracy of property records, an Annual Physical Inventory Audit is conducted February through April of each year. During this Annual Physical Inventory Audit each department head is responsible to physically count and verify by tag number and room location all items on the official departmental inventory. Each item on the report must be physically marked showing verification of the item and its location or documented as to the reasons for not being verified. Responses will be due from custodian departments within 45 days. The annual property report is due to SPA 45 days from the department due date. Each department head shall sign an Annual Inventory Audit Receipt and return it to the Property Manager along with a documented copy of the departmental inventory. The receipt will include the following statement: "I understand that I or the employees in my department are under financial liability for loss or damage to this (these) item(s) if the loss or damage results from my negligence, intentional act, or failure to exercise reasonable care, safeguard, maintenance, or servicing." Spot-Check Validation Property validation spot-checks will be conducted by Property personnel in a routine fashion to allow independent verification. Other spot-checks will be performed when necessary. Spot-checks will not be performed during annual inventory (January-April). Monthly Transaction Statements Transaction statements listing all additions and deletions to the departmental inventory are mailed out monthly. These transaction statements are to be updated with building and 34 Appendix No.4 room information and the name of the individual in possession of the property and returned to the Property Manager. Adjustment Of Property Records When the need arises to alter the description or change the location of an item on a departmental inventory, the person responsible for the department's inventory must initiate a memo or email to the Property Manager listing the inventory number(s), description and the change(s) desired. The following fields must be updated throughout the year as changes occur: L Responsible Department Name - this will only be changed for the following reasons: a) through means of a transfer form when property is transferred between departments; b) if it is determined that an error was made in the original entry; c) department has a name change 2. Building and Room Location 3. End User Name 4. Department Chair Name 5. Serial Number - this will only be changed when it is determined that an error was made in the original entry or that original equipment has been returned to the company and replaced. 6. Description - this will only be changed when it is determined that the equipment has not changed but that a more accurate description is needed to facilitate the physical inventory process. USE OF STATE PROPERTY State/University property may be used only for state purposes. Non-consumable state property in the custody of any Stephen F. Austin State University employee may not be loaned, sold, traded, thrown away, cannibalized, or disposed of in any manner without the prior authorization of the Property Manager. (See Property Transfer and Disposal Policy B-24) Removal Of Property From Campus State/University property may be removed from the campus only for official business of the University or another State Agency. When so removed, the individual removing it assumes pecuniary responsibility. If such property is to be removed, the department head responsible for the equipment should prepare and sign a "Removal of Equipment From Campus " form. The inventory 35 Appendix No.4 number, date of purchase, description and inventory value may be obtained from the departmental inventory printout provided by the Property Manager. The original of the completed form should be sent to Purchasing and Inventory prior to physical removal of the equipment from campus. A copy should be kept for departmental inventory records. A follow-up audit will be made by the Property Manager on the date equipment is to be returned to the University. If an extension of time is needed, contact the Property Manager. The Removal of Equipment from Campus form must also be filled out for equipment being removed with an indefinite return date. The Department Head will be required annually to verify the status of all such equipment. This verification will be initiated via a memo from the Property Manager and will be separate from the Annual Physical Inventory Audit. Loaning Property To Another Agency When State/University property is loaned to another agency the President must approve the loan of the property in writing and receipt of the property must be acknowledged in writing by the head of the borrowing agency. MISSING OR STOLEN PROPERTY Any equipment discovered to be 'missing' or 'stolen' must be reported IMMEDIATELY. Missing property is to be reported to the Property Manager. Stolen property is to be reported to BOTH the Property Manager and the University Police Department. Missing Property is defined as any personal property that has disappeared with no explanation. Missing property must be reported to the property manager IMMEDIATELY upon recognition of the loss. The department head must complete a Missing or Stolen Property Report in full with a detailed report of the loss; i.e. last known location, last date seen, date of discovery of loss, etc. This form must be submitted to the Property Manager within 24 hours of notification. The Property Manager is required to update the property records IMMEDIATELY for electronic notification to the State Comptroller's Office. Missing property will remain on the department's inventory for two (2) years and will be clearly marked as 'Missing'. The department head must continue to search for the missing property during the 2-year time period. At the end of two (2) years the property will be removed from centralized inventory records upon approval from the State Comptroller's Office. In the event of employee negligence, the Property Manager must fax a copy of the Missing or Stolen Report to the Office of the Attorney General within 5 working days of the occurrence. 36 Appendix No.4 Any appropriations withheld from the University due missing property based on the Fy 02-03 Appropriations Bill, section 9.03, will be deducted from the budget of the department responsible for the equipment. Stolen Property is defined as any personal property missing by known theft, whether by forced removal, burglary, theft by employees, or other criminal acts. Stolen property must be reported to the Property Manager IMMEDIATELY and University Police within 48 hours of recognition of the loss. The department head must complete a Missing or Stolen Property Report in full with a detailed report of the theft; i.e., last known location, last date seen, evidence of theft, date of discovery of loss, etc. Both the Missing or Stolen Property Report AND a Police Report must be submitted to the Property Manager; and the Property Manager must report the theft to the State Comptroller IMMEDIATELY. In the event of employee theft, the Property Manager must fax a copy of the Missing or Stolen Report to the Office of the Attorney General within 5 working days of the occurrence. Failure to report to the Property Manager IMMEDIATELY, thus allowing reporting to the State Comptroller or Attorney General within the required timeframe, may result in the stolen property being report as missing property with possible employee negligence. EMPLOYEE NEGLIGENCE When the President has reasonable cause to believe that any State/University property has been lost, stolen, damaged, or destroyed through the negligence or fault of an employee, it must be reported to the Attorney General. When equipment is reported Missing or Stolen, the department head must make an initial determination of whether negligence was involved in the loss of the property. The Property Manager will investigate? including requiring completion of a follow-up questionnaire, the circumstances surrounding all property reported missing and make a further determination of negligence. If the Property Manager determines that negligence is involved, the Department Head, Attorney General's Office, Director of Purchasing, SFA Audit Services and Vice President for Business Affairs will be notified immediately. The Attorney General's Office will investigate and make a final determination of negligence. If the final determination is negligence, the Attorney General's Office will make a written demand for reimbursement from the person(s) responsible for the loss. A person is pecuniarily liable for the loss sustained by the state if: (1) agency property disappears, as a result of the failure of the head of an agency, property manager, or agency employee entrusted with the property to exercise reasonable care for its safekeeping; (2) agency property deteriorates as a result of the failure of the head of an agency, property manager, or agency employees entrusted with the property to exercise reasonable care to maintain and service the property; or (3) agency property is damaged or destroyed as a result of an intentional wrongful act or of a negligent act of any state official or employee. 37 Appendix No.4 Source of Authority: Texas Government Code Ann. Sec. 403.271(a) through 403.278; 2203.004; President; Vice President for Business Affairs Cross Reference: Property Transfer and Disposal Policy B-24: Property Liability Policy B-34 Contact for Revision: Director of Purchasing and Inventory Forms: Change In Department Head (available on the ITS Forms Server), Annual Inventory Audit Receipt (provided with Annual Inventory Packet), Removal of Equipment from Campus (available on the ITS Forms Server), Missing or Stolen Property Report (available on the ITS Forms Server), Police Report (available from University Police Department) 38 Appendix No.4 Appearances Before the Board of Regents D-4 Original Implementation: January 19, 1988 Last Revision: January 30, 2001 My 14, 2005 1. Special appearances as requested by the Board or President: The Chair of the Board of Regents or the President may invite individuals to appear before the Board or one of its committees for specific purposes. The Chair of the Faculty Senate and the President of the Student Government Association shall have the opportunity to provide a report at each quarterly Board meeting. Other individuals or group representatives wishing to appeal' before the Board shall file a written request with the President at least seven working days before the appropriate meeting. The written request shall include a statement of the purpose for which an appearance is requested, the nature of the information to be presented and the names of those who will speak to the Board. The President will submit the request to the Chair of the Board, who will grant the request, deny the request or provide for an appearance before an appropriate committee of the Board. The individual making the request shall be notified of the Chair's decision by the President. 2. Requests to address the Board: Requests to appeal' before the Board to make comments on a specific agenda item must be received by the Assistant to the Board in writing no later than twenty-four (24) hours before the Board meeting at which the individual wishes to speak. The request should set out clearly the nature of the subject matter to be presented relating to a specific Board agenda item. In making a request to appear before the Board, individuals must give their names and any relevant title or affiliation. Comments regarding non-posted agenda items may be submitted to the Assistant to the Board in writing, at any time, for distribution to the Regents. 3. Time allocation: The Board will allow up to twenty (20) minutes for public comment per agenda item. An individual speaker will be permitted three (3) to five (5) minutes for a presentation. The Board will allow a total of up to ninety (90) minutes for public comments per regular quarterly meeting. Copies of speakers' comments, and/or other written materials for distribution to the Board of Regents will be accepted. Public comments will take place during the scheduled public comment period at the beginning of each regular quarterly meeting. 4. Other meetings: While a specific period for public testimony will be limited to the regular quarterly meetings, written comments are welcome for any scheduled meeting of the Board of Regents. Forward one copy of your comments to the Assistant of the Board for distribution to the Regents. 39 Appendix No.4 5. Scheduling of speakers: When the number of requests to address the Board at a given session and for a specific agenda item exceeds the time available, requests will be approved based on the order the written request was received by the Assistant to the Board. If, by virtue of time or other constraint a speaker is not able to present his/her comments, said comments will be accepted and distributed to the Board of Regents at the meeting. 6. Special Requests: Special requests to appeal' before the Board for comments at times other than the regular quarterly meetings can be submitted to the Assistant to Board for consideration by the Chair of the Board of Regents. Source of Authority: Board of Regents Rules and Regulations; Texas Education Code. Chapter 51, Section 51.355 Cross Reference: None Contact for Revision: President Forms: None 40 Appendix No.4 Hazing D-16 Original Implementation: September, 1987 Last Revision: October 23, 2003July 14, 2005 Stephen F. Austin State University is unequivocally opposed to any activity by an organization or individual(s) within the organization that is herein defined as hazing. Definitions Hazing. Any intentional, knowing or reckless act occurring on or off campus by one person alone or acting with others, that endangers the mental or physical health or safety of a currently-enrolled or prospective student for the purpose of new member intake, being initiated into, affiliating with, holding office in, or maintaining membership in that organization. Hazing acts include but are not limited to: 1. any type of physical brutality such as whipping, beating, striking, branding, electronic shocking, placing a harmful substance on the body, or similar activity; 2. any type of physical activity such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; 3. any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental of physical health of the student; 4. any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered at the institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to the acts described in this policy; 5. any activity that induces, causes, or requires the student to perform a duty or task which involves a violation of the Penal Code. Committing an Offense. The organization and any individual involved in hazing commits an offense by: 1. engaging in hazing; 2. soliciting, encouraging, aiding or directing another engaging in hazing; 41 Appendix No.4 3. intentionally, recklessly or knowingly permitting hazing to occur; 4. having first-hand knowledge that a specific hazing incident is being planned or has occurred and failing to repoit said knowledge in writing to the Judicial Officer. Organization Hazing Offense. An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing. Consent It is not a defense to prosecution of an offense that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. Penalties - University Individual. Each individual committing an offense is subject to University penalties ranging from probation to expulsion. Organization. Student organizations committing an offense may be placed on University probation and are subject to withdrawal of University recognition. Penalties - Criminal Individual. Penalties relative to criminal prosecution range from a fine of $2,000and/or 180 days in jail for failure to report a hazing incident to a fine of $10,000 and two years in jail for an incident which causes the death of a student. Organization. The student organization may be penalized with a fine of up to $10,000 or double the expenses involved due to the injury, damages or loss. Notice of Policy To General Campus Community. This policy shall be published in the General Bulletin, SFASU Website, and the Schedule of Classes and The Pine Log so as to cause all students to be aware of the provisions of this policy. Of Offenders. A list of organizations that have been disciplined for hazing or convicted for hazing on or off campus during the previous three years shall, be published in the same manner be included each time this policy is published. The three—year publication will begin as soon as the organizations"an organization's name can be placed in the next printing of the General Bulletin .first available printing of one of the above named publications. A date in parenthesis following an organization's name will indicate the last year the organization will be included. 42 Appendix No.4 Source Of Authority: V.T.C.A., Education Code, sees. 37.151 to 37.157; V.T.C.A., Education Code, sees. 51.936;- Board of Regents; President; Vice President for University Affairs Cross Reference: SFASU Web pages-, General Bulletin Contact For Revision: Judicial Officer Forms: None 43 Appendix No.4 Student Discipline D34 Original Implementation: January 19, 1988 Last Revision: February t 200Uulv 14, 2005 Rules Of Procedure In Student Disciplinary Matters Contents V. Introduction VI. Definitions VII. Rights of Charged Students in Disciplinary Proceedings VIII. Rights of Victims in Disciplinary Proceedings IX. Evidence and burden of Proof X. Confidentiality Standards XI. Penalties XII. Residence Hall Policy Violation Procedures A. Informal Disposition for Residence Hall Policy Violations 1. Informal Hearing Procedures 2. Right of Appeal 3. Status During Appeal 4. Record of Hearing B. Formal Disposition for Residence Hall Policy Violations 1. Formal Hearing Procedures 2. Right of Appeal 3. Status During Appeal 4. Record of Hearing XIH. Student Conduct Code Violation Procedures A. Informal Disposition for Student Conduct Code Violations 1. Informal Hearing Procedures 2. Right of Appeal 3. Status During Appeal 4. Record of Hearing B. Formal Disposition for Student Conduct Code Violations 1. Formal Hearing Procedures 2. Scope of the Committee 3. Determinations and Official Report 4. Other Procedural Questions 5. General Rules of Decorum 6. Right of Appeal 7. Status During Appeal 8. Record of Hearing I. Introduction 44 Appendix No.4 The following Rules of Procedure in Student Disciplinary Matters are adopted to ensure that the University will fulfill the requirements of procedural due process in student disciplinary proceedings, that the Stephen F. Austin State University Student Conduct Code and Residence Hall Policies may be secured to all students and that the disciplinary procedures within Stephen F. Austin State University shall be definite and determinable. These Rules of Procedure shall be followed in any disciplinary proceeding commenced after the beginning of the Fall semester, 500^2005, subject to the authority of the Board of Regents and the authority delegated to the President of the University to exercise jurisdiction over disciplinary matters of the University. II. Definitions As used in these rules, the following definitions shall apply: Advisor: An individual accompanying a charged student in a hearing. The advisor may be anyone of the charged student's choice. The advisor may provide counsel to the charged student but may not participate in the hearing through questioning or making statements to any other hearing participant. Appeal: The exercise of the right of review by the charged student or the individual designated as the appellate authority of the full record of a disciplinary hearing and the sanction imposed by a hearing officer or board. Hall Director: The individual charged with the administration of a residence hall that will initiate the proceedings to be followed when a residence hall infraction has occurred. Judicial Board: The panel that is authorized to conduct hearings and to impose sanctions regarding residence hall infractions committed by residence hall occupants. The Board shall be composed of two (2) volunteer residence hall students, one (1) Resident Assistant, and one (1) Hall Director who serves as the chair. Judicial Officer: As used in these procedures, the Judicial Officer is charged, as a designee of the Vice President, with the daily responsibility for the administration of these disciplinary procedures. Specifically, the Judicial Officer conducts informal hearings for alleged conduct code violations, has appellate authority over residence hall violation hearings, presents the University's case in formal hearings before the Student Conduct Committee and serves as custodian of all Student Conduct Code disciplinary hearing records. Student: A person having once been admitted to the University who has not completed a chosen course of study and who intends to or does continue that course of study at the University. For the purposes of these rules, student status continues whether the University's academic programs are in session or not. 45 Appendix No.4 Student Conduct Code: University Policy D34.1, which describes the types of behaviors and situations for which students and student organizations will be held accountable. Student Conduct Committee: As used in these procedures, the Student Conduct Committee is that body which is authorized to conduct formal hearings and impose sanctions for alleged Student Conduct Code violations and to serve as the appellate authority over informal hearings for alleged Student Conduct code violations. The Committee shall be composed of one (1) faculty/staff member, one (1) student and one (1) faculty/staff Chair. The Chair, appointed by the President of the University, shall hold the position on a permanent basis and shall preside at all disciplinary hearings of the Committee, unless another faculty/staff member is appointed to preside by the Chair for reasons of scheduling or conflict of interest. The initial pool of committee members shall consist of five (5) faculty/staff appointed by the President of the University and the student member of the Committee from a pool of five (5) students appointed by the President of the Student Government Association. Each Committee member shall have a vote. University-recognized Medium: Any form of communication officially recognized by the University. Examples include but are not limited to postal mail, campus mail, hand delivery and email to a University account. Vice President for University Affairs: As used in these procedures, the Vice President for University Affairs is charged with the primary responsibility for the administration of these disciplinary procedures and is the appellate authority for Student Conduct Committee hearings. The Vice President may appoint designees to administer disciplinary procedures in addition to or in the absence of the Judicial Officer. These designees shall follow the same procedures as outlined for the Chief Judicial Officer. HI. Rights of Charged Students in Disciplinary Proceedings Any student charged with violating Residence Hall Policy or the Student Conduct Code will be notified through a University-recognized medium to contact the appropriate hearing official for a hearing on the alleged misconduct. The notice will include the date of the alleged violation and the specific provision of the Policy or Code in question. The rights outlined below will be accorded to any student in a formal or informal hearing for an alleged violation of the Student Conduct Code and for formal hearings for an alleged violation of Residence Hall Policy. A student is not afforded the right of an advisor in an informal hearing for an alleged infraction of Residence Hall Policy due to the nature of these types of offenses and the short timeframe allowed for a case to be resolved. a. to be present at the hearing; b. to have an advisor of the charged student's choice appear with the student and to consult with such advisor during the hearing except as stated in the previous paragraph; 46 Appendix No .4 c. to hear or examine evidence presented against the charged student; d. to make any statement in mitigation or explanation of the conduct in question; e. to be informed in writing of the finding and any sanction imposed; f. to appeal the finding and sanction to the proper authority; g. to waive hearing deadlines as outlined in these procedures; h. to have and cross-examine witnesses. IV. Rights of Victims in Disciplinary Proceedings Some actions that violate University rules involve victimization of one or more students by a student(s). This behavior may include physical violence and other acts that endanger the safety of others in the University community. If a person has filed a-eemplaint and is identified as a victim of a nonforcible sex offense or other violent criminal offense resekkig in bodily injury, that person is entitled to certain rights during the disciplinary process. If a complaint is filed with the Judicial Officer, it is important to remember that the accused student is being charged with violating a University rule or regulation; therefore, the University is ultimately responsible for initiating charges, imposing sanctions if the charged student chooses to admit the violation, implementing the hearing process, and determining sanctions following a finding of gmfaesponsibility. Although a victim's input may be sought during the disciplinary process, the ultimate disposition of the case rests with the University. If a victim withdraws the complaint during the course of the disciplinary proceeding, the University reserves the right to proceed with the case on the basis of evidence other than the testimony of the victim. During the course of a disciplinary proceeding, a_victims of an alleged violent criminal offense or nonforcible sex resulting in bodily injury have has_the following rights: a. to meet with the judicial officer to discuss the disciplinary process. b. to submit a written account of the alleged incident. c. to be advised of the date, time and location of the disciplinary hearing, and to request rescheduling for good cause. d. to be present at the hearing and to be accompanied by an advisor of the victim's choosing during the hearing process, although the advisor will not be permitted to speak for the victim during the hearing. e. to testify as a witness during the hearing. All alleged victims of any violation involving sexual offenses or assault have the option to use a&An intercom or other remote audio or video device, so that they may may be used in hearings to allow a victim to testify and respond to questions and cross-examinations without face-to-face contact with the alleged perpetrator. f. to decline to testify, with knowledge that such action could result in dismissal of the University's charges for lack of evidence. 47 Appendix No.4 g. to make an impact statement, either in person or in writing, to the hearing officer or Student Conduct Committee for consideration during the sanctioning phase. V. Evidence and Burden of Proof In all disciplinary proceedings, the University bears the burden of proof by a preponderance of the evidence. Preponderance of the evidence means proof which leads a reasonable person to find that the fact in issue is more probable than not. It is evidence that is of greater weight or more convincing than the evidence offered in opposition to it. The rules of evidence do not apply in any hearing nor are the proceedings to be conducted as judicial trials; however, care shall be taken to comply with the intent of the procedural safeguards provided by these rules. All hearings are closed to the public. VI. Confidentiality Standards